Whitinsville Plaza, Inc. v. Kotsea

390 N.E.2d 243 (Mass. 1979)

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Nature of the Case

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Facts

Kotseas (D) conveyed certain land to the trustees of a trust. The deed contained numerous reciprocal covenants which were designed to further the development of a shopping center on the land. Included in these covenants were a promise by D not to use his land in competition with the store which the grantee contemplated opening, and to use the land only for specified business purposes. The deed recited the restrictions were to be considered as covenants running with the land and were to be binding on the heirs and assigns of both parties. The trust later conveyed the land to P, including in the deed the covenant in the original deed. D then leased a portion of his land to a company for use as a 'discount department store and pharmacy.' P sued, arguing that the lease contained reference to the covenants. P sought injunctive relief and monetary damages. Alternatively, P sought a decree that it was no longer subject to the restrictions contained in the covenant.